Becker v. L.J. DiPalma, Inc.

Opinion

STATE OF MAINE SUPERIOR COURT YORK, ss. CIVIL ACTION DOCKET NO. CV-11-91 PAP --';10 R- toj;;J.~,J;;cou MICHAEL C. BECKER AND REBECCA ) ' LUCEROBECKER, ) ) Plaintiffs ) ) ORDER vs. ) ) L.J. DIPALMA, INC., ) ) Defendant )

After consideration of Defendant's Motion to Dismiss pursuant to M.R.Civ.P. 12(b)(6)

and any opposition thereto, the motion is Granted.

The plaintiffs' home was constructed and purchased in 2002, which is when their cause

of action accrued. Plaintiffs' action was commenced in April, 20 11, 9 years after the cause of

action accrued, and 3 years beyond the applicable 6-year statute of limitations.

Plaintiffs do not have a fidu~iary or confidential relationship with the defendant, and the

discovery rule does not apply in construction cases like this, even where a latent defect is

alleged. Dunelaw Owners' Association et al v. Gendreau, 2000 ME 94 '][14, 750 A.2d 591, 596.

The Complaint is dismissed with prejudice as time barred.

This Order shall enter upon the civil docket.

Dated: Q~ l. ' 1 2.011 Jue:~;~tr;t ATTORNEY FOR PLAINTIFF: ATTORNEY FOR DEFENDANT: MATTHEW W HOWELL SUSAN B DRISCOLL CLARK & HOWELL, LLC BERGEN & PARKINSON PO BOX 545 6 2 PORTLAND RD YORK ME 03909 KENNEBUNK ME 04043